The Portland daily press., 1887-02-07
SECRETARY MANNING
Gives His Opinion on the Fisheries
Question.
His Views as Expressed for the For
eign Affairs Committee.

WASHINGTON, Feb. 6-Secretary Manning
has sent Perry Belmont, the chairman of the
House committee on. foreign affairs, a long
reply to the committees request for his
views of the House and Senate retaliation
bills. The Secretary divides the subject to
be considered into two parts First, the
fishing rights of the United States, and sec
ond the commercial rights of United States
in Canadian ports. The rights of the form
er class, he says, are defined by the treaties
of 1888 and 1918, and we do not ask, either of
Great Britain or Canada, any other rights or
liberties of taking, drying or curing fish
than those stipulated in such treaties. "In
respect to commercial privileges for our fish
ing vessels in Canadian ports, the situation
is otherwise. Up to President Jackson's
proclamation of Oct. 9TH $780, this govern
ment had no commercial privileges for its
vessels in Canadian ports. We obtained
such privileges in 1880 by an arrangement of
legislation finally concerted with Great Bri-
tam. Inc arrangement OF 1880 was not
technically a treaty; it was contract SOL
emnized and attested by law making, in
stead of by the treaty making power of Il
two nations. What we are now confronted
by is the royal assent given by the Queen in
council, Nov. &C. 1886, to the Canadian act
the fisheries by foreign vessels
Thls law peremptorily closes Canadian
ports to our fishing vessels seeking to trade,
and 1t empowers any of the therein desig-
mated officers to bring to and search any
American vessel being within any Canadian
harbor or "hovering' in British waters.
This is the revival in Canada of the theory
of the ancient British "h0vering act" long
ago repealed in the mother country If the
search prescribed and authorized be of fish
ing vessels lettering in prohibited places and
fairly suspected OF preparing there to fish in
violation of law, such search, if fairly and
reasonably made, may be tolerated. Our
own customs laws prescribes and authorizes
similar search of foreign vessels, even four
leagues from our coast. But the Canadian
act, thus having royal approval, was intend
ed, as has been openly ayowed, to forfeit
any American fishing vessel found having
entered Canadian waters, or port of
Halifax, to buy ice, bait or other
articles, or for any, purpose other
than shelter, repairs, wood or water The
plea is that the treaty of 1915 permits and
stipulates for such legislation. That we de-
ny and reply that such legislation is repealed
by annulment by England of the arrange
ment made in 1880 and to that repeal we
are entitled to "resOnd" to a similar appeal
of our own tone and By refusal hereafter,
and while debate or negotiation goes to con-
fer hospitality or any privileges whatever in
our ports. The Canadian vessels or boats of
any sort of violation of commerce may be
looked upon as an unfriendly act, but no
cause for just war.
England may judge for herself of the ma
ture and extent of comfy and courtesy she
will show to us. In the present case we do
not propose retaliation. We simply re-
spond. We, too, suspend comfy and
hospitality, and now comes the question
What shall be the character and limitations of
the response? Shall we only exclude Cana
dian fish, or such fish and all Canadian yes
sells, or both, and all merchandise coming
from Canada by any sort of vehicle, includ-
can we go on with the least injury to our
selves, our dignity and self-respect?
In considering the bill submitted to him
Secretary Manning says: If the Senate bill
becomes Jaw and the President shall issue
his proclamation Hereunder, besides putting
an end to transit traffic, its effect will be to
exclude from importation Canadian free
goods, such as certain kinds of fish, lumber
and animals to the amount of $2,300,000 an
nually, and also of reducing the revenue by
preventing the importation Of Cadadian duti-
able products, such as lumber, breadstuffs
and fish, in annual value $50, 1000, ,000
to the extent of about S4,0OO,OO0
which will be the probable duties collectable
on such goods during the present fiscal year
if the present system of intercourse shall
continue. he recommends there be no un-
necessary ambiguity in the law and if loco
motives, railroad rolling stock and cars are
to be excluded under any circumstances.
Congress should say so in explicit terms,
and all vehicles containing or carrying mer-
chandise should be distinctly excluded, If
that be the will of Congress.
Mr.. Manning, in conclusion, submits to
the committee, with the greatest Difference,
bill which (omitting the preamble, reasons
and grounds) enacts:
That whenever the President shall be sat
isfied that vessels of the United States are
by British or Canadian authority denied or
abridged in the reasonable enjoyment of any
right, privileges, or liberties on Canadian
waters or coasts, or in Canadian ports, to
which rights or liberties the vessels, theil
masters or crews are entitled, it shall in his
| discretion be lawful, and it shall in his dis
| cretion be the duty of the President to close
| by proclamation TO that effect, all ports Of
| the United States against any an0
every vessel owned by subject Of
her lBritannic Majesty, and coming or ar
| irving from any port or place in the Domin-
| ion of Canada, or in the island Newfound
| land, neither directly or having touched al
any other port, excepting such vessels as
shall be in distress of navigation, and il
and every vessel thus excluded from ports Of
| the United States that shall enter or attempt
| to enter the same in violation of this act,
| shall, with her tackle, furniture and all the
| cargo on board be seized and forfeited t
| the United States, or the value thereof, to bt
attempting to make, such entry.
The bill further provides that th'
| President may in his discretion by procla
nation (and it shall be his duty to prohibi
the entry or bringing into any collection dis
] trict or place in the United States of am
| goods, wares or merchandise from the do
| minion of Canada or Newfoundland, on any
locomotives car or other vehicle from Canada
and such proclamation may. In the Presl
dents discretion, be applied to any. port o
thing, and the President may qualify, slimit
rescind or renew the application thereof
| Goods, locomotives. cars or vehicles brough
| into the United States from Canada in vic
lation of such proclamation shall be seizet
and forfeited to the United States or the
value thereof be recovered. And person
violating such proclamation shall be subjec
to fine of $1,000 or two years imprison
ment, or both. The President is authorizes
TO appoint commission to take money in re
lation to losses and injuries inflicted sine
Dec. 81, 1885, by British authorities, imperia
or solonial, upon the citizens of the Unite
States engaged in the fisheries on the north
| ocf 81 fe1,